Date: 20040708
Docket: A-377-01
Citation: 2004 FCA 256
BETWEEN:
EDWIN PEARSON
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
R. BEZUHLY
ASSESSMENT OFFICER
[1] On September 12, 2002, the Federal Court of Appeal dismissed the appeal against the order of Hansen J. with costs. The Federal Court of Appeal was not persuaded that Hansen J. erred in her discretion of Rule 55 of the Federal Court Rules, 1998. The Court was satisfied that Hansen J. gave sufficient weight to all relevant considerations when making the order.
[2] On March 30, 2004, I issued a timetable for written disposition of the Respondent's bill of costs. The Respondent filed the original bill of costs on March 22, 2004 with a subsequent further submission on April 7, 2004. The Appellant filed his reply submission on April 21, 2004 to which the Respondent filed a rebuttal on May 3, 2004.
[3] I have reviewed the submissions of both parties and their respective arguments.
[4] The Appellant speaks to the order of Muldoon J. dated October 4, 2000 and the subsequent order by Dubé J. dated February 5, 2001, relating to files T-290-99 and A-76-01. The Appellant states that: "In accordance with the aforesaid Order and Directions and no misconduct having been shown there is not discretion to award any costs in this matter under the Rules of the Federal Court or Tariff A or B thereof." This assessment deals with the order relating to file A-377-01 in which costs were awarded and not to files T-290-99 and A-76-01.
[5] In the absence of any cost rebuttal material by the Appellant, the Respondent's bill of costs, presented at $3,648.14 is assessed at $3,648.14.
"R. Bezuhly"
![](/web/20070426192743im_/http://decisions.fca-caf.gc.ca/en/2004/2004fca256/image001.gif)
R. Bezuhly
Assessment Officer
Toronto, Ontario
July 8, 2004
FEDERAL COURT OF APPPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-377-01
STYLE OF CAUSE: EDWIN PEARSON
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS -
REASONS BY: RITA BEZUHLY, ASSESSMENT OFFICER
DATED: JULY 8, 2004
SOLICITORS OF RECORD:
Edwin Pearson
Burlington, Ontario
|
FOR THE APPELLANT
(SELF- REPRESENTED)
|
Morris Rosenberg
Deputy Attorney General of Canada
|
FOR THE RESPONDENT
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